CLIMATE CHANGE ACT OF 2009

Case Overview and Summary

Summary of Republic Act No. 9729 (Climate Change Act of 2009)

Declaration of Policy (Section 2):
- Protect the people's right to a healthful ecology and adopt sustainable development
- Adopt the principle of climate justice, common but differentiated responsibilities, and the Precautionary Principle
- Stabilize greenhouse gas concentrations to prevent dangerous interference with the climate system
- Build national and local resilience to climate change-related disasters
- Incorporate a gender-sensitive, pro-children, and pro-poor perspective in climate change efforts
- Integrate disaster risk reduction into climate change programs
- Systematically integrate climate change in policy formulation and development plans

Definitions (Section 3):
- Defines key terms such as adaptation, adaptive capacity, anthropogenic causes, climate change, climate variability, climate risk, disaster, disaster risk reduction, gender mainstreaming, global warming, greenhouse effect, greenhouse gases, mainstreaming, mitigation, mitigation potential, sea level rise, and vulnerability.

Creation of the Climate Change Commission (Sections 4-8):
- Establishes the Climate Change Commission as an independent and autonomous body attached to the Office of the President
- Outlines the composition, qualifications, tenure, and compensation of the Commissioners and Advisory Board
- Creates a Climate Change Office to assist the Commission

Powers and Functions of the Commission (Section 9):
- Ensure mainstreaming of climate change and disaster risk reduction in development plans
- Coordinate and synchronize climate change programs of government agencies
- Formulate a Framework Strategy on Climate Change
- Recommend legislation, policies, strategies, programs, and appropriations related to climate change
- Recommend key development investments in climate-sensitive sectors
- Create an enabling environment for risk-sharing and risk-transfer instruments
- Promote multi-stakeholder participation and integrate climate change mitigation and adaptation
- Formulate strategies on mitigating greenhouse gas emissions
- Coordinate with the National Disaster Coordinating Council
- Represent the Philippines in climate change negotiations
- Formulate guidelines for vulnerability assessments and adaptation
- Coordinate with local government units (LGUs) and private entities on climate change adaptation
- Facilitate capacity building for local adaptation planning and implementation
- Promote and provide technical and financial support to local research and development programs
- Oversee the dissemination of information on climate change

Panel of Technical Experts (Section 10):
- Constitutes a national panel of technical experts to provide advice on climate science, technologies, and best practices for risk assessment and enhancing adaptive capacity.

Framework Strategy and Program on Climate Change (Sections 11-12):
- Requires the Commission to formulate a Framework Strategy on Climate Change within six (6) months of the Act's effectivity
- The Framework shall serve as the basis for climate change planning, research, development, extension, and monitoring activities
- The Framework shall be formulated based on climate change vulnerabilities, adaptation needs, mitigation potential, and international agreements
- The Framework shall be reviewed every three (3) years
- Components of the Framework include national priorities, impact and vulnerability assessments, policy formulation, compliance with international commitments, research and development, database management, academic programs, advocacy and information dissemination, monitoring and evaluation, and gender mainstreaming.

National Climate Change Action Plan (Section 13):
- Requires the Commission to formulate a National Climate Change Action Plan within one (1) year after the formulation of the Framework
- The Action Plan shall include assessment of national climate change impacts, identification of vulnerable communities and ecosystems, differential impacts on men, women, and children, risk and vulnerability assessment and management, identification of greenhouse gas mitigation potentials, and prioritization of adaptation measures.

Local Climate Change Action Plan (Section 14):
- LGUs shall be the frontline agencies in formulating, planning, and implementing climate change action plans in their respective areas
- Barangays shall be directly involved with municipal and city governments in prioritizing climate change issues and implementing solutions
- Provincial governments shall provide technical assistance, enforcement, and information management support
- LGUs shall regularly update their action plans and furnish copies to the Commission
- LGUs are authorized to appropriate funds from their Internal Revenue Allotment to implement their local action plans.

Role of Government Agencies (Section 15):
- The Department of Education shall integrate climate change into primary and secondary education curricula and materials
- The Department of the Interior and Local Government and Local Government Academy shall facilitate training programs for LGUs on climate change
- The Department of Environment and Natural Resources shall oversee the establishment and maintenance of a climate change information management system and network
- The Department of Foreign Affairs shall review international agreements related to climate change and recommend ratification and compliance
- The Philippine Information Agency shall disseminate information on climate change, local vulnerabilities, relevant laws and protocols, and adaptation and mitigation measures
- Government financial institutions shall provide preferential financial packages for climate change-related projects.

Coordination with Various Sectors (Section 16):
- The Commission shall coordinate with non-government organizations, civic organizations, academe, people's organizations, private and corporate sectors, and other stakeholder groups in developing and implementing the National Climate Change Action Plan and local action plans.

Authority to Receive Donations and/or Grants (Section 17):
- The Commission is authorized to accept grants, contributions, donations, endowments, bequests, or gifts from local and foreign sources to support climate change programs and plans, subject to clearance and approval for foreign donations.

Funding Allocation for Climate Change (Section 18):
- All relevant government agencies and LGUs shall allocate adequate funds from their annual appropriations for the formulation, development, and implementation of their respective climate change programs and plans, including training, capacity building, direct intervention, and public awareness campaigns.

Joint Congressional Oversight Committee (Section 19):
- Creates a Joint Congressional Oversight Committee composed of five (5) Senators and five (5) Representatives to monitor the implementation of the Act.

Annual Report (Section 20):
- The Commission shall submit an annual report to the President and Congress by March 30 of every year, detailing the status of implementation, progress on the National Climate Change Action Plan, and recommend legislation if necessary.
- LGUs shall submit annual progress reports on their local action plans to the Commission within the first quarter of the following year.

Appropriations (Section 21):
- Appropriates Fifty million pesos (Php50,000,000.00) as the initial operating fund for the Commission, sourced from the President's contingent fund and unutilized funds of related task forces.
- Subsequent funding shall be included in the annual General Appropriations Act.

Implementing Rules and Regulations (Section 22):
- The Commission shall promulgate the implementing rules and regulations of the Act within ninety (90) days after its approval, in consultation with government agencies, LGUs, private sector, NGOs, and civil society.

Transitory Provisions (Section 23):
- Upon the organization of the Commission, the Presidential Task Force on Climate Change and the Inter-Agency Committee on Climate Change shall be abolished, and their powers and functions shall be absorbed by the Commission.
- Qualified employees shall be transferred to the Commission without loss of seniority, rank, or emoluments, while those who cannot be absorbed shall be entitled to separation pay.

Separability Clause (Section 24):
- If any section or provision of the Act is declared unconstitutional or invalid, the other sections or provisions shall not be affected.

Repealing Clause (Section 25):
- All laws, ordinances, rules and regulations, and other issuances or parts thereof which are inconsistent with the Act are hereby repealed or modified accordingly.

Effectivity (Section 26):
- The Act shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two (2) national newspapers of general circulation.